MAY
5 -- DENVER – Christopher
Bartkowicz, of Highlands Ranch, Colorado,
was indicted by a federal grand jury late
yesterday on charges of distribution and
possession with intent to distribute 100
or more marijuana plants, regardless of
weight, maintaining a drug-involved premises,
and distribution or manufacturing near
a school, United States Attorney David
Gaouette and Drug Enforcement Administration
(DEA) Special Agent in Charge Jeffrey Sweetin
announced. The defendant is free on a $10,000
secured property bond.

Bartkowicz was first charged by Criminal Complaint
on February 16, 2010 after the DEA conducted a consensual
search at Bartkowicz’s residence. Barkowicz
later waived his right to indictment, and was charged
by Information on March 5, 2010. At a change of plea
hearing on April 16, 2010, scheduled at the request
of the defendant, Bartkowicz announced his intention
to go to trial on the charges. The grand jury then
returned the 3 count indictment yesterday.

According to the indictment, on February 12, 2010,
Bartkowicz knowingly and intentionally manufactured,
distributed, dispensed, and possessed with intent
to distribute 100 or more marijuana plants, regardless
of weight. Also, between December 12, 2009, and February
12, 2010, Bartkowicz knowingly leased, rented, used
and maintained a place, whether permanently or temporarily,
for the purpose of manufacturing, distributing, and
using any controlled substance, which in this case
was marijuana. Lastly, on February 12, 2010, the
defendant knowingly and intentionally manufactured,
distributed, dispensed, and possessed with intent
to distribute a quantity of 100 or more marijuana
plants, regardless of weight, within 1000 feet of
a school, namely Sand Creek Elementary.

The indictment also includes a forfeiture allegation,
which states in part that Bartkowicz shall forfeit
to the United States any and all property, real or
personal, constituting or derived from any proceeds
the defendant obtained directly or indirectly as
a result of the crime alleged, and any and all property
used in any manner or part to commit and to facilitate
the commission of the violations alleged in the indictment.

If convicted of distribution and possession with
intent to distribute 100 or more marijuana plants,
regardless of weight, the defendant faces not less
than 5 years, and not more than 40 years in federal
prison, as well as a fine of not more than $2,000,000.
Regarding this count, if the defendant has prior
convictions for separate felony drug offenses, then
he faces not less than 10 years, and up to life in
prison, as well as a $4,000,000 fine. If convicted
of maintaining a drug-involved premises, the defendant
faces not more than 20 years in federal prison, and
up to a $500,000 fine. If convicted of distribution
or manufacturing in or near schools, and the defendant
has at least one prior felony drug conviction, then
he faces three times the maximum punishment, which
in this case is 60 years imprisonment.
This case was investigated by the Drug Enforcement
Administration (DEA).

The defendant is being prosecuted by Assistant U.S.
Attorneys M.J. Menendez and Robert Mydans.

The charges contained in the indictment are only
allegations and the defendant is presumed innocent
unless and until proven guilty.